Texas Bar Journal - October 2015

Texas Supreme Court Order

2015-09-30 03:12:41

Misc. Docket No. 15-9155
ORDER AMENDING TEXAS RULE OF CIVIL PROCEDURE 21 TO EXEMPT TRUANCY CASES FROM THE ELECTRONIC FILING MANDATE
ORDERED that:
1) During the 2015 legislative session, the Legislature passed H.B. 2398, which makes truant conduct a civil, rather than a criminal, offense. See Acts 2015, 84th Leg., R.S., ch. 935 (H.B. 2398). When the bill takes effect on September 1, 2015, truancy court proceedings will be governed by new Title 3A of the Family Code. Id. § 27. In some counties, the truancy court will be the constitutional county court. Id. § 27, sec. 65.004 (to be codified at TEX . FAM . CODE § 65.004).
2) Texas Rule of Civil Procedure 21 exempts from the civil electronic-filing mandate for district and county courts “juvenile cases under Title 3 of the Family Code.” To clarify that documents in truancy cases are not required to be filed electronically, the Court amends Rule 21 as shown in this order, effective September 1, 2015.
3) The Clerk is directed to:
a. file a copy of this order with the Secretary of State;
b. cause a copy of this order to be mailed to each registered member of the State Bar of Texas by publication in the Texas Bar Journal;
c. send a copy of this order to each elected member of the Legislature; and
d. submit a copy of the order for publication in the Texas Register .
Dated: August 28, 2015
Nathan L. Hecht, Chief Justice
Paul W. Green, Justice
Phil Johnson, Justice
Don R. Willett, Justice
Eva M. Guzman, Justice
Debra H. Lehrmann, Justice
Jeffrey S. Boyd, Justice
John P. Devine, Justice
Jeffrey V. Brown, Justice
Rule 21. Filing and Serving Pleadings and Motions
•••
(f) Electronic Filing.
(1) Requirement. Except in juvenile cases under Title 3 of the Family Code and truancy cases under Title 3A of the Family Code, attorneys must electronically file documents in courts where electronic filing has been mandated. Attorneys practicing in courts where electronic filing is available but not mandated and unrepresented parties may electronically file documents, but it is not required.